Sec. 3-39. - Hearing to determine if dog is vicious or violation occurred.

In the event that the dog officer or law enforcement officer has probable cause to believe that a dog is vicious or that the conduct of the vicious dog or its owner or keeper constitutes a violation of the provisions of this article, the dog officer or law enforcement officer may seize and impound the dog pending a hearing as provided for in R.I.G.L. § 4-13.1 Regulation of vicious dogs. The owner or keeper of the dog is liable to the city for the costs and expenses incurred in keeping the dog. The chief of police or his or her designee or the animal control officer shall convene a hearing for the purpose of determining whether or not the dog or owner or keeper in question has violated the terms of this article. The chief of police or his or her designee or the animal control officer shall conduct or cause to be conducted an investigation and shall notify the owner or keeper of the dog that a hearing will be held at which time he or she may have the opportunity to present evidence. The hearing shall be held promptly within no less than five nor more than ten days after the service of notice upon the owner or keeper of the dog. The hearing shall be informal and shall be open to the public.

After hearing, the owner or keeper of the dog shall be notified in writing of the determination. An attack or assault by the animal may be punishable by destruction of the animal. If a determination is made that any other provisions of this article have been violated, then the owner or keeper shall be ordered to comply with any and all provisions of this article. A time schedule for compliance shall be established by the animal control supervisor, but in no case shall it be more than 30 days subsequent to the date of the determination. The determination by the animal control supervisor shall be decided upon a preponderance of the evidence.

(Ch. 449, § I, 5-6-08)